22 December

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Screenplay Scam: The Risk of Upfront Payments to Producers, Agents, and Managers

In my recent interactions with new filmmakers, I've observed a concerning trend involving management contracts. These filmmakers approach me to review contracts they've been offered, which often require substantial upfront payments — typically $2,000 or more. Novice filmmakers have been approached by individuals, usually with some experience in film, who offer these services. Let's refer to them as "individuals." These contracts, supposedly for managerial services, promise to find financiers and sell screenplays, especially at prestigious venues like the American Film Market (AFM) or the Cannes Film Festival. However, these promises often verge on being scams....

19 December

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Tips for film distributors

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Legal Advice

In the intriguing case of Randles Films v Quantum Releasing (2014), the complexities of copyright law, particularly the extraterritoriality limitation of the US Copyright Act, come to the forefront. This case serves as a pivotal example of how copyright laws are applied in cross-border disputes and the extent to which US copyright protections extend beyond its borders....

14 December

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Exploring the Polaroid Doctrine in Trademark Law

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

The Polaroid Doctrine, which is a fundamental concept in United States trademark law, was established by the United States Court of Appeals for the Second Circuit. This doctrine emerged from the 1961 case of Polaroid Corp. v. Polarad Elecs. Corp., where the court developed a set of factors to assess the likelihood of consumer confusion in trademark infringement cases....

12 December

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Trademark Clearance for Screenwriters: Navigating the Legal Landscape

Posted by Ernest Goodman

in Copyright Law, Entertainment Law, Trademark Law

Trademark clearance is a critical step for screenwriters to protect their work and avoid legal entanglements. By understanding what needs to be cleared, avoiding certain words, and following best practices, screenwriters can navigate these legal waters with greater confidence and security. Always remember, when in doubt, seek legal advice to ensure that your creative work remains both original and compliant....

03 December

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Types of Film Distribution Agreements

Posted by Ernest Goodman

in Entertainment Law

Each of these distribution deals offers distinct advantages and challenges, tailored to the varying needs of a film's production and marketing strategy. The choice of a deal is influenced by factors such as the film's budget, target audience, market trends, and the reputation of the involved parties. As the film industry continues to evolve with digital technologies and changing viewer habits, these distribution models also adapt, reflecting the dynamic nature of film distribution in the global market....

28 November

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Exploring the Strength of Different Types of Trademarks

Posted by Ernest Goodman

in Entertainment Law, Trademark Law

The strength of a trademark significantly impacts its protectability and effectiveness in identifying and distinguishing a brand. Generic trademarks offer no protection due to their commonality. Descriptive trademarks are protectable only after acquiring a secondary meaning. Suggestive trademarks, being more abstract, are inherently protectable. Arbitrary trademarks rank among the strongest due to their uniqueness and distinctiveness....

28 November

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Can an Idea be Protected Under the Law?

Posted by Ernest Goodman

in Copyright Law, Entertainment Law

The key principle in federal copyright law is the distinction between an 'idea' and its 'expression'. This law protects the expression of ideas, not the ideas themselves. For filmmakers, this means that while a general plot concept, like a romantic comedy set in New York or California, is not protected, the actual script with its unique dialogue, character development, and scene descriptions, is....

08 May

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All U.S. states except Louisiana have a primary heritage in English law

Posted by Ernest Goodman

in Entertainment Law, Legal Advice

In nations with a civil law system, legislation, statutes, or codes are the primary sources of law, and courts are required to adhere to these statutes. In common law nations, while courts are also required to follow statutes, they also have the authority to establish new law, known as common law or case law, through their rulings in particular cases. Additionally, they possess the power to declare a statute unconstitutional....